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The Doctrine of Henry G. Hodges

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  • The Doctrine of Intervention. by Henry G. Hodges Review by: Eugene Wambaugh The American Journal of International Law, Vol. 9, No. 3 (Jul., 1915), pp. 765-767 Published by: American Society of International Law Stable URL: . Accessed: 25/05/2014 06:44 Your use of the JSTOR archive indicates your acceptance of the Terms & Conditions of Use, available at . . JSTOR is a not-for-profit service that helps scholars, researchers, and students discover, use, and build upon a wide range of content in a trusted digital archive. We use information technology and tools to increase productivity and facilitate new forms of scholarship. For more information about JSTOR, please contact . American Society of International Law is collaborating with JSTOR to digitize, preserve and extend access to The American Journal of International Law. This content downloaded from on Sun, 25 May 2014 06:44:29 AM All use subject to JSTOR Terms and Conditions
  • BOOK REVIEWS 765 No one can read Professor Updyke's book without being struck by the similarity of the controversy which brought on the War of 1812 with the present controversy in which the United States is engaged with the belligerent Powers of Europe over their interference with neutral trade. If we substitute the Kaiser for Napoleon, we have an almost exact parallel. The Berlin and Milan decrees, it was alleged, were occasioned by the violation by Great Britain of the principles of international law respecting neutral trade; and Napoleon is quoted as announcing that " the provisions of the present decree shall be abrogated and null in fact, as soon as the English abide again by the principles of justice and honor " (p. 86). So also we have the Kaiser informing President Wilson that the relentless submarine warfare will cease when Great Britain ceases to -violate the laws of neutral trade in her effort to starve the women and children of Germany. The author justly remarks in the conclusion of his useful work, in referring to the agreement for mutual disarmament on the Great Lakes, that this "has undoubtedly been the greatest single factor in the con- tinuance of peaceful relations between the United States and Great Britain during the last one hundred years" (p. 465), which he styles a happy sequel to the insistence by the British commissioners in the peace negotiations that the United States alone dismantle its forts and with- draw its vessels from the lakes. JOHN W. FOSTER. The Doctrine of Intervention. By Henry G. Hodges, Harrison Fellow in Political Science at the University of Pennsylvania. Princeton: The Banner Press. 1915. pp. xii, 288. Cloth $1.50. The author's definition says: "Intervention is an interference by a state or states in the external affairs of another state without its consent, or in its internal affairs with or without its consent." This definition appears to include, among other things, war of any sort and also treaty rights as to internal affairs, and to exclude treaty rights as to external affairs. Thus there is a departure from the definition in Hall's Inter- national Law, which says merely that "intervention takes place when a state interferes in the relations of two other states without the consent of both or either of them, or when it interferes in the domestic affairs of another state irrespectively of the will of the latter for the purpose of either maintaining or altering the actual condition of things within it." Variation in definition is natural, for the word is still used loosely. This content downloaded from on Sun, 25 May 2014 06:44:29 AM All use subject to JSTOR Terms and Conditions
  • 766 THE AMERICAN JOURNAL OF INTERNATIONAL LAW The author takes the familiar distinction between political inter- vention and non-political intervention, saying that the former "results more especially from disagreements between the sovereign powers as to acts or policies affecting the dignity or the security of the opposing state or the general body of states," and that the latter "results, in the first instance, from the protection of citizens in some manner." To political intervention he devotes a chapter of about forty pages, and to non- political intervention, under the heads of protection of citizens, denial of justice, protection of missionaries, collection of contract debts, pro- tection of humanity, persecuted Jews, and right of asylum, a chapter of about fifty pages. Then follows a chapter of about fifteen pages on "special forms of intervention," namely, recognition of belligerency, recognition of independence, recognition of insurgency, unneutral serv- ice, good offices and mediation, and consular and international courts. Then comes a chapter of about forty pages on non-intervention, under the heads of policy of the United States, policy of Europe in the Americas, and policy of Europe at home. The general discussion then concludes with a chapter of about twenty pages entitled "observations and con- clusions." Then follow two chapters of about thirty pages each on intervention in Mexico and interventions in the European war. An appendix presents the neutrality proclamation of President Wilson, the correspondence of Senator Stone and Mr. Secretary Bryan on neutrality, and a bibliography, which does not purport to be complete. The total result is a presentation much longer than that found in general treatises on international law and much briefer than that given in the numerous extracts found in the first three hundred and sixty-six pages of the sixth volume of Moore's International Law Digest. The book appears to be intended for the general reader, rather than for the student or the expert. It is surprising to read that "the United States intervened in Mexico in 1846 " (p. 10); and the surprise is not removed by the explanation that " a state may intervene to regulate the internal affairs of another which, by reason of neglect or incapacity, has not controlled its citizens from doing damage or involving the internal se- curity of the intervening state," and that "the fact that the Mexican Government allowed or ordered part of its military force to cross that boundary resulted in a skirmish between the armed forces of the two nations, and was a direct violation of territorial sovereignty from the American viewpoint, threatening the self-preservation of at least a por- tion of the country " (p. 24). Yet as the United States certainly did This content downloaded from on Sun, 25 May 2014 06:44:29 AM All use subject to JSTOR Terms and Conditions
  • BOOK REVIEWS 767 interfere with the external affairs of Mexico without Mexico's consent, the case--like any other war-must be admitted to come within the author's definition. It is more difficult to bring within any definition of intervention the accidental descent of a German airship upon a French parade ground in 1913 and the French seizure of the airship (p. 25). If, however, the author has now and then treated as within the term intervention a case belonging elsewhere, the general reader will nlot complain and the expert will not be harmed. Indeed, perhaps it is well for the reader to discover thus that the word seems not to have a definite meaning and that the doctrines surrounding it have not yet been reduced to a science. EUGENE WAMBAUGH. Internationales Privatrecht. By Ernst Zitelmann. Munchen: Duncker & Hunblot. Vol. II. 1912. pp. xxxiv, 1025. We have at last before us the concluding part (pages 609 to 1025 of Vol. II) of Professor Zitelmann's work on the Conflict of Laws. Volume I made its appearance in 1897; pages 1 to 608 of Volume II followed in 1903 and the rest in 1912. The author's sole aim in this work was to establish a sound theoretical basis for the conflict of laws and to show the application of the principles thus developed to the solution of the problems arising in this branch of the law. He did not intend to write a treatise on the conflict of laws of Germany, nor a complete treatise on the conflict of laws in general. If the author had had in view the latter object, he should have added, he says, three other parts, devoted, respectively, to the conflict of laws of Germany, to the conflict of laws of other countries, and to the history of the conflict of laws. Professor Zitelmann had become satisfied that no sound basis for the conflict of laws and no general principles, entitled to universal approval, could be found from a study of the existing systems governing the con- flict of laws in the various countries, for the reason that these systems themselves in the last analysis rest upon theoretical considerations rather than upon conceptions of justice, and that a solid structure, therefore, could be erected only by a process of deduction from funda- mental principles. The difficulty, however, is that none of the prevailing theories are adequate to furnish a secure foundation, for all of them, not excepting v. Savigny's theory concerning "the seat of the legal relationship," which has found so much favor, are based, in the opin- This content downloaded from on Sun, 25 May 2014 06:44:29 AM All use subject to JSTOR Terms and Conditions Article Contents p. 765 p. 766 p. 767 Issue Table of Contents The American Journal of International Law, Vol. 9, No. 3 (Jul., 1915), pp. 583-792 The Doctrine of Continuous Voyages in the Eighteenth Century [pp. 583-593] Some Questions of International Law in the European War [pp. 594-626] The Doctrine of Servitudes in International Law [pp. 627-641] International Law as Applied by England in the War [pp. 642-658] Board of Editors of the American Journal of International Law [pp. 659] Editorial Comment The Resignation of Mr. Bryan as Secretary of State [pp. 659-666] The Controversy Between the United States and Germany Over the Use of Submarines Against Merchant Vessels [pp. 666-680] The Questions in Dispute Between the United States and Great Britain with Reference to Interference with Neutral Trade [pp. 680-687] The Sale of Arms and Ammunition by American Merchants to Belligerents [pp. 687-694] The Appointment of Mr. Robert Lansing as Secretary of State [pp. 694-697] The Use of Poisonous Gases in War [pp. 697-698] The Special Supplement of Diplomatic Correspondence of the United States Concerning the War [pp. 698-699] In Memoriam: Porfirio Diaz [pp. 700-703] The William P. Frye Case [pp. 703-707] The Neutrality of Belgium [pp. 707-720] Chronicle of International Events [pp. 721-729] Public Documents Relating to International Law [pp. 730-738] Judicial Decisions Involving Questions of International Law British Prize Court Decisions: The Miramichi (Cargo Ex.) [pp. 739-745] British Prize Court Decisions: The Schlesien [pp. 745-746] British Prize Court Decisions: The Roumanian (Cargo Ex.) [pp. 746-754] British Prize Court Decisions: The Juno [pp. 754] British Prize Court Decisions: The Odessa (Cargo Ex.): The Cape Corso (Cargo Ex.) [pp. 754-758] British Prize Court Decisions: The Tergestea [pp. 758-759] British Prize Court Decisions: The Cumberland [pp. 759] Book Reviews Review: untitled [pp. 760-762] Review: untitled [pp. 762-765] Review: untitled [pp. 765-767] Review: untitled [pp. 767-770] Review: untitled [pp. 770-772] Review: untitled [pp. 772-775] Review: untitled [pp. 775-777] Review: untitled [pp. 777-781] Periodical Literature of International Law [pp. 782-792]
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